Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Goddard Systems, Inc. (“GSI”, “our” or “we”), as well as any online features, services and/or programs offered by GSI (collectively, the “Website”).
GSI is the franchisor for a franchise system relating to the establishment and operation of pre-school early learning centers throughout the United States (each a “School”). Under the terms of GSI’s franchise agreement, GSI provides certain authorizations, licenses and other rights to third party franchisees (each an “Authorized Franchisee”). Authorized Franchisees own and operate their own Schools under the quality assurance and other guidelines established by GSI, but each School is otherwise independent of GSI’s control. GSI itself is not engaged in the delivery of education or instructional services of any type, is not itself a licensed education institution in any jurisdiction, and does not actually operate any School. GSI is not responsible for the operation of any School or for the conduct of its Authorized Franchisees, including any Internet sites that they may operate (whether or not linked to a Website, as defined below) and their collection and use of personal information. However, as a convenience to our Authorized Franchisees, we host the web pages maintained by Authorized Franchisees on the Website. These Terms also apply to all web pages maintained by Authorized Franchisees on the Website.
These Terms do not apply to web pages operated and/or owned by an entity other than GSI. Users of web pages operated and/or owned by entities other than GSI should refer to the Terms and Conditions in effect for the applicable web page owner.
By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. The Website is not intended for, or designed to be used by or attract, children under the age of thirteen (13).
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, neither GSI nor any Authorized Franchisee warrants or represents that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) GSI or any Authorized Franchisee has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained by you in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of GSI. We may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you.
3. USER ACCOUNT, PASSWORD AND SECURITY. When and if User Accounts are used in connection with the Website, the following shall apply.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, and all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection and is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify GSI of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. All credit card information that you provide in connection with making a purchase through the Website is transmitted using 128-bit encryption technology and processed by a trusted third party merchant processor.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if GSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NEITHER GSI NOR ANY AUTHORIZED FRANCHISEE MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. NEITHER GSI NOR ANY AUTHORIZED FRANCHISEE GUARANTEES THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GSI WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF GSI AND ANY AUTHORIZED FRANCHISEE, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE, WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless GSI and Authorized Franchisees, and their respective owners, directors, officers, employees and agents, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by GSI or any Authorized Franchisee, directly or indirectly, with respect to or arising out of: (i) your failure to comply with or your breach of these Terms; and/or (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL GSI OR ANY AUTHORIZED FRANCHISEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF GSI AND AUTHORIZED FRANCHISEES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. NO GUARANTEE OF ADMISSION. The availability of the Website does not constitute an offer for placement at a School or a guarantee of availability of services by any Authorized Franchisee.
8. THIRD PARTY CONTENT.
(a) The Website may provide hyperlinks to other websites maintained by third parties, or third party content may be provided on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER GSI’S OR ANY AUTHORIZED FRANCHISEE’S CONTROL, AND NEITHER GSI NOR SUCH AUTHORIZED FRANCHISEE IS RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with GSI or any Authorized Franchisee. GSI and Authorized Franchisees may not be aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that GSI or any Authorized Franchisee is endorsing it or its products or services; (iv) may not misrepresent its relationship with GSI or any Authorized Franchisee; (v) may not present false or misleading information about GSI or any Authorized Franchisee, or their respective products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
9. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are either (a) GSI’s, or its subsidiaries’ or affiliates’, or (b) another party’s registered and unregistered trademarks. GSI is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of GSI, or its subsidiaries or affiliates, that may be referred to on the Website are the property of GSI, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of GSI’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without GSI’s prior written permission. GSI aggressively enforces its intellectual property rights. Neither the terms “Goddard” or “Goddard School”, nor any of GSI’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without GSI’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 8(b) above may use the term “Goddard” or “Goddard School” in or as part of that link.
11. AVAILABILITY. Information that GSI publishes on the Website may contain references or cross-references to products, programs or services of GSI, its Authorized Franchisees, partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that GSI, or any of its Authorized Franchisees, partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact GSI or an Authorized Franchisee near you for information regarding the products, programs and services that may be available to you, if any.
12. COPYRIGHT COMPLAINTS. GSI owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of GSI. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), GSI will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to GSI Customer Service at: 1016 West Ninth Avenue, King of Prussia, Pennsylvania 19406, Attn: Corporate Counsel.
13. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to GSI, its Authorized Franchisees or partners, to the business of the Website’s Internet service provider, or to other information providers.
14. GOVERNING LAW. These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the Commonwealth of Pennsylvania, Montgomery County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
15. LOCAL LAWS. GSI makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended to users in the United States only. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. GSI is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:
Goddard Systems, Inc.
1016 West Ninth Avenue
King of Prussia, PA 19406
Attn: IT Department
Copyright © 2012 Goddard Systems, Inc. All Rights Reserved.
EFFECTIVE AS OF: December 5, 2012
LAST UPDATED: December 5, 2012